Secondary ticket seller must issue refund for cancelled Vancouver Formula E race: tribunal

Formule E

One of the tens of thousands of ticketholders left in the lurch when a Vancouver Formula E race was cancelled more than three years ago has won his fight for a refund after taking it to a B.C. tribunal.

The race was scheduled for Canada Day weekend in 2022 but was called off by the organizers and has never been rescheduled—despite initial statements suggesting it was being postponed.

Sean Charlton bought four tickets to the event, spending a total of $1,092, according to a decision published by the Civil Resolution Tribunal Thursday.

The event was organized by One Stop Strategy Group Inc., but Charlton brough his claim against a local business, ATPI Travel and Events Canada Inc.

Both companies are based in Quebec but the tribunal found it was not bound by a clause in the ticket purchase agreement that said legal disputes should be brought in that province, finding compelling reasons to settle the matter locally.

“Mr. Charlton bought tickets in British Columbia for an event that was scheduled to take place in British Columbia. The event was also cancelled over three years ago and involves a relatively small amount,” tribunal member Jeffrey Drozdiak wrote.

“I find it is in the interest of justice for the CRT, and its flexible and informal dispute resolution process, to resolve this dispute, as opposed to Mr. Charlton starting anew in another jurisdiction.”

ATPI argued it was not responsible for the refund because it had paid Charlton’s money to OSS, and hasn’t received anything back from the organizer since the event’s cancellation. APTI launched a lawsuit against OSS in Quebec in 2022 hoping to recover $2.78 million to pay out refunds, according to the decision.

ATPI also pointed to the terms and conditions of the ticket purchase agreement between Charlton and OSS—arguing the document made it clear OSS was responsible for refunds.

“Nowhere does it say OSS Group is ‘solely’ liable for refunding tickets if the show is cancelled,” Drozdiak wrote.

“Mr. Charlton also did not waive his right in this agreement to sue any other entity to get a refund if the event is cancelled.”

Next, ATPI said the terms and conditions of the agreement between it and Charlton contained a clause stipulating refunds would be issued “at its sole discretion,” according to the decision.

However, the tribunal noted there is legislation governing ticket sales in B.C. that came into effect before Charlton made his purchase. The Ticket Sales Act, among other things, outlines the obligations of secondary ticket sellers.

One of the things a seller “must” do is to provide a “guarantee” of a “full refund for the ticket purchaser if the event to which the ticket provides admission is cancelled before the ticket can be used,” according to the Act.

The tribunal found that, in this case, ATPI was operating as a secondary ticket seller and bound by the legislation to issue a refund—despite any clause saying otherwise.

“I find a seller cannot include a contract term that removes this guarantee,” Drozdiak wrote.

The decision also noted a class-action lawsuit was brought on behalf of three ticketholders against ATPI and OSS in 2022 in Quebec.

“There is no evidence before me that Mr. Charlton is part of that lawsuit or is barred from bringing this claim,” Drozdiak said.

ATPI was ordered to pay Charlton $1,363.55, which was equivalent to the refund amount plus pre-judgment interest and CRT fees.